IN THE CASE OF: BOARD DATE: 20 December 2012 DOCKET NUMBER: AR20120010430 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Application for correction of military records (with supporting documents provided, if any). 2. Military Personnel Records and advisory opinions (if any). THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 1 April 1988 to show her total service. 2. The applicant states: * her DD Form 214 does not show the correct time in service * she got out of the military in April 1988 * the paperwork shows there was a break in service * there are periods of her service not shown on her DD Form 214 * she was in the Army for 5 years 3. The applicant provides: * Department of Veterans Affairs (VA) Statement of the Case, dated 30 December 2009 * DD Form 214 CONSIDERATION OF EVIDENCE: 1. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing. 2. The applicant enlisted in the U.S. Army Reserve (USAR) on 15 April 1983 for a period of 6 years. She was ordered to active duty for training on 12 August 1983. She completed her training and was awarded military occupational specialty 76C (equipment records and parts specialist). She was released from active duty to the control of the USAR on 19 December 1983. 3. Her DD Form 214 for the period ending 19 December 1983 shows in: * item 12a (Date Entered Active Duty This Period) the entry "83  08  12 [12 August 1983]" * item 12b (Separation Date This Period) the entry "83  12  19 [19 December 1983]" * item 12c (Net Active Service This Period) the entry "00  04  08 [4 months and 8 days]" * item 12e (Total Prior Inactive Service) the entry "00  03  27 [3 months and 27 days]" (her prior service in the USAR) 4. She enlisted in the Regular Army on 4 October 1984 for a period of 3 years. On 1 April 1988, she was honorably released from active duty due to pregnancy. 5. Her DD Form 214 for the period ending 1 April 1988 shows in: * item 12a the entry "84  10  04 [4 October 1984]" * item 12b the entry "88  04  01 [1 April 1988]" * item 12c the entry "03  05  28 [3 years, 5 months, and 28 days]" * item 12d (Total Prior Active Service) the entry "00  04  08 [4 months and 8 days]" * item 12e the entry "01  01  11 [1 year, 1 month, and 11 days]" 6. She provided a VA document which shows she had honorable military service from: * 12 August 1983 to 19 December 1983 * 4 October 1984 to 1 April 1988 7. Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for the preparation of the DD Form 214. It states that the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge. DISCUSSION AND CONCLUSIONS: 1. The applicant contends she never had a break in service and her DD Form 214 for the period ending 1 April 1988 should be corrected to show she served 5 years. 2. The DD Form 214 is a snapshot in time and is a reflection of the applicant's record of active Army service at the time of her separation from active duty. 3. The evidence of record shows she enlisted in the USAR on 15 April 1983. After serving 3 months and 27 days in the USAR, she was ordered to active duty for training on 12 August 1983. She was released from active duty to the control of the USAR on 19 December 1983 after completing 4 months and 8 days of active service which is properly reflected on her DD Form 214 for the period ending 19 December 1983. A copy of the applicant's DD Form 214 for the period ending 19 December 1983 will be provided with this Record of Proceedings. 4. After completing 1 year, 1 month, and 11 days of inactive service and 4 months and 8 days of active duty service in the USAR, she enlisted in the Regular Army on 4 October 1984. She was released from active duty on 1 April 1988 after completing 3 years, 5 months, and 18 days of creditable active service during this period, which is properly reflected on her DD Form 214 for the period ending 1 April 1988. Since her total prior service in the USAR, including her period of active duty for training, is shown on this DD Form 214, there is no basis for granting the requested relief. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ____x___ ___x____ ___x_____ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. _____________x____________ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case. ABCMR Record of Proceedings (cont) AR20120010430 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20120010430 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1